Terms and conditions
General terms and conditions (AGB)
1. Field of application
The following general terms and conditions are applicable to the business relation between M.P.S. Gastro GmbH & Nfg KG, Riesenradplatz 1, 1020 Vienna, Austria (in the following: “vendor” or “we”) and the customer (in the following: “customer” or “you”), provided that the customer is within the means of § 1 KSchG.
2. Conclusion of contract
The presentation of goods on our homepage and the granted possibility of ordering do not constitute a binding offer on our part. It is only through a placed order that the customer makes a binding offer to conclude a purchase contract. Before the final placement of the order, the customer is granted the possibility of correcting it. Having placed the order, the customer will then receive an automatically generated confirmation of receipt via e-mail. This confirmation, however, does not yet constitute an acceptance on our part. A purchase contract with us is only achieved when the product is sent to the customer, or if the order is separately confirmed by another e-mail. The text of the contract is saved. In case of possible typing, print, or calculation errors, we reserve the right to withdraw from the contract. The actual colors of a product can partly deviate from the ones depicted in the pictures.
Orders may only be placed by people who are at least 18 years of age.
(a) Right of revocation
You have the right to withdraw from this contract within 14 (fourteen) days without a specification of reasons. The revocation period amounts to 14 (fourteen) days starting with the day you, or a third party named by you, who is not the promoter, received the product. If you placed a uniform order containing several products which are delivered to you separately, or if you placed an order which is delivered in several parts or lots, the revocation period starts with the day on which you or a third party named by you, who is not the promoter, receive/s the last product, lot or part of the order.
If you would like to make use of your revocation right, you need to inform us
M.P.S. Gastro GmbH & Nfg KG
by the means of a clear and unambiguous explanation (e.g. via a postal letter, fax or e-mail) about your decision to withdraw from this contract. In order to do so you can also use the attached sample revocation form, which however is not required. For maintaining the revocation period it would be sufficient for you to send us your explanation about the requested exercising of your revocation right before the revocation period is expired.
(b) Consequences of revocation
If you decide to withdraw from this contract, we are obliged to immediately and by no later than fourteen days from the day we received your revocation request, refund all of your payments. Your payments will be refunded by employing the same payment method that was used for the initial transaction, unless something else has been explicitly and mutually agreed on. In no case will you be charged with any fees for this refund. In case, that the payment method used for the initial transaction is not available (e.g. cash on delivery), your payments will be refunded via bank transfer to a bank account specified by you.
You have to return the goods immediately and by no later than 14 (fourteen) days from the day you informed us about the withdrawal from the contract to
M.P.S. Gastro GmbH & Nfg KG
The period is upheld if you send the goods before the period consisting of 14 (fourteen) days is expired. We can refuse to refund your payments until we receive back the goods, or until you provide evidence that the goods have been shipped, depending on whichever occurred earlier. You bear the costs for the return of the goods. You will not be charged for any loss of value regarding the goods if this loss of value is attributable to not necessarily required handling for the examination of texture, characteristics and functionality of the goods.
(d) Revocation form download
If you would like to withdraw from the contract, please fill in this form and send it to:
M.P.S. Gastro GmbH & Nfg KG
I hereby revoke the contract I have concluded with regard to the purchase of the following product(s):
Name of the consumer/s
Address of the consumer/s
Signature of the consumer/s (only for notification on paper)
4. Prices, Payment, Delay
1. The price of the item of purchase is defined in EURO inclusive of VAT (value added tax) (within the EU)
2. Sales to private customers take place exclusively after previous charging of the credit card or prepayment.
3. The customer can only set off against the claims of the vendor if the counterclaim of the customer is undisputed or a legally binding title exists; the customer can only assert a right of retention, as far as it is based on claims from the purchase contract.
All claims for damages are excluded in cases of slight negligence. This restriction, however, does not apply in cases of injuries to life, body and health. The personal liability of the legal representatives, vicarious agents and employees of the vendor is excluded.
7. Legal choice
The Austrian law applies to the order and all legal disputes arising from the order and the execution of the order under exclusion of the UN purchase right. The exclusive court of jurisdiction is Vienna – Innere Stadt.
All information provided in the M.P.S. Gastro GmbH-Shop, such as credit card information and bank account information are automatically encrypted using SSL protocol (Secure Sockets Layer Protocol). SSL is used as the industry standard for the transfer of confidential information over the internet.
9. Severability clause, written form
Should individual provisions of these General Terms and Conditions be, or become invalid or void in whole or in part, the validity of these General Terms and Conditions shall remain unaffected. In place of the invalid or void provisions, statutory provisions shall take effect. Changes of or additions to these General Terms and Conditions are required in writing.